Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-04-20

THIS 1OhNIN0 In ~
LICE COURT.
AS stated In TIE STAR yesterday, warrants were
issued against number OF grocers, cigar dealers
and druggists charging them with violating the
Sunday law OF 1884, by keeping open their places
OF business and selling on Sunday. This morning
In the Police Court, Mr.. Charles s. Moore counsel,
appeared in the cases OF Robert W. Scholl, and
Harry Standiforo, druggists, and asked that the
cases go over on the defendants own recOgniZance.
He announced that he would probably apply for
writ Of certioran and take the cases up in that
way to the Criminal Court for decision, although
he had confidence In the independence Of the Po-
lice Court to decide the law and might ask for full
hearing in this court. He understood that the
court had given decision in regard to the law in
question: some years ago. and that at that time the
court held the ordinance under which these war
of the court rendered there was perfectly right.
Judge Smell said he had no personal feeling in
est, and Should be definitely Settled one way or
the other. 1t was true that he had given a deciS-
ion some years ago, but at that time he had not
There was chance, he said, that the ordinance OF
"a might be held as valid law without the mayors
signature. For the purpose OF having full con-
Sideratton given TO the matter, and OF having 1t
finally settled in the other courts he would hold
that the ordinance was law. lie made this state
ment that counsel might know the position Of the
court and take what course seemed most proper
TO them under the circumstances.
Mr.. Padgett, representing the District, stated
that he would be satisfied II counsel would take
up to the Criminal Court one case Of each kind
one druggist one grocer and one tObaccOnist--and
have the other cases continued until decision
was rendered in the cases carried up.
With this understanding 1t was agreed that all
the cases except those chosen as test cases should
go over for a week.
cAsas TO BE TAKEN Up.
The understanding with counsel to-day was
that the cases OF George w. Cochran Co., tobac-
cOnist; Harry Standiford, the druggist, and a
grocer not yet fixed upon would be taken to the
upper court as test cases
Mr.. Padgett, the assistant attorney for the Dis
trict, said TO STAR reporter that he would not
call any more OF the cases until the question to
the validity of the law was determined. ''There
Is no use, +" he said, sin annoying these business
men by calling them up to the Police Court while
there Is uncertainty as to the result. or course
he added, "the police will go on making cases"
ANXIOUS FOR TEST.
Mr.. Chas. 8. Moore. who represents Messrs. STAN
diford and SchOll, druggists, and Mr.. Cochran, to-
bacconist, said to STAR reporter that the defen-
dantS were even more anxious than the prOSecu-
tion for speedy settlement OF the questions in
~ nv ne v SALT a
the law,as he supplied goods to many OF those who
came under Its provisions. Nothing he said,
would probably be done until next Wednesday,
to which day the cases had been continued.
DOCBTS AS TO THE MODE OF PROCEEDING.
After the brief proceedings in the Police Court
this morning. the counsel considered the method
OF procedure to be followed. The result was that
some doubt arose as to whether writ OF certiO-
rai could issue In the case. To obtain such writ
the counsel have to apply to the Court in General
Term "a remove the case from the Police Court.
The ground on which such writ is issued Is that
the court before which the case is pending has not
jurisdiction.
Mr.. Moore, speaking Of the matter, suggested
that 1t might be held that the offense Charged
was not an OfenSe under any !lw, and therefore
the Police Court had no ju1- fiction. Such u
claim would be based on tn ,und that the ordi-
1t Is found that the cases cannot be taken up on
certi0rari, Mr.. Moore said they would ask a hear
Ing In the Police Court with the view to taking
the cases up to the Criminal Court on appeal. A
decision by the Criminal Court however, he did not
think would be so satisfactory 10 those concerned
Term. Judge Montgomery, IN the Criminal Court,
could, he thought, under the rules OF the court,
certify the question OF law TO the General Term
fOr declSlon even after conviction by jury.
THE DRUGGISTS DOUBLE DEFENSE.
In the cases OF the druggists, he said, the de-
tense would stand on a double ground. They
would hold that the law of 1864 was invalid, and
IL Overruled in that they would claim eXemIn1on
from its operation under the ordinance OF 1858,
which has been quoted In The STAR.
stone, Va, reported 10 the police yesterday that
during the races here last year he had his pocket
picked OF ladys gold watch and chain and gold
rng.-Amel1a L. Slack, No. 7:'1 18th street SOUTH
east reports stolen from her house yesterday
morning $50 worth OF jewelry. VIM H. vass No
room yesterday suit of clothes worth $2O-Jos.
Haines, No. 24:'2 street northwest reports stolen
from Smithsonian Grounds yesterday an oyercoat
worth 81,